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Proposed Rulemaking for an Amendment to Section 109.4 Which Would Have Prohibited Hydro Flying Devices on Commonwealth Waters

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Proposed Rulemaking for an Amendment to Section 109.4 Which Would Have Prohibited Hydro Flying Devices on Commonwealth Waters COMMONWEALTH OF PENNSYLVANIA PENNSYLVANIA FISH AND BOAT COMMISSION MINUTES FOR THE BOATING ADVISORY BOARD MEETING Thursday, February 12, 2015 9:00 a.m. Harrisburg, Pennsylvania . Laurel L. Anders Director Bureau of Boating and Outreach The Forty-Third Meeting of the Pennsylvania Fish and Boat Commission’s Boating Advisory Board Members Chair Henry Grilk Vice-Chair Mary Gibson Andrew Talento Loren Lustig Michael LeMole Members Ex Officio John A. Arway, Executive Director Laurel L. Anders, Secretary Ryan Dysinger for Cindy Adams-Dunn, Acting Secretary for the Department of Conservation and Natural Resources TABLE OF CONTENTS Page No. I. Roll Call ......................................................................................................................................... 4 II. Introduction of Guests .................................................................................................................... 4 III. Election ........................................................................................................................................... 4 IV. Approval of Minutes: March 2014 Meeting .................................................................................. 4 V. Public Comment ............................................................................................................................. 3 VI. Old Business A. Review of Final Rulemaking from 2014 ................................................................................ 4 B. Summary of 2014 USCG Performance Report ....................................................................... 5 C. Boating Accident Analysis & Fatality Summary ................................................................... 5 D. Water Rescue Update ............................................................................................................. 5 VII. New Business A. Amendments to Sections 97.1 (Personal Flotation Devices), 109.3 (Personal Watercraft), 109.4 (Waterskiing, Aquaplaning, Kiteskiing and Similar Activities) and 115.11 (Personal Flotation Devices) ............................................................................................ 7 B. Amendment to Section 109.3 (Personal Watercraft) ............................................................ 12 C. Amendment to Section 111.4 (Beaver County) .................................................................... 14 D. Amendment to Section 111.9 (Bucks County) ....................................................................... 15 E. Amendment to Section 111.21 (Cumberland County) ........................................................... 16 F. Amendment to Section 111.23 (Delaware County) ................................................................ 18 G. Amendment to Section 111.39 (Lehigh County) .................................................................... 19 H. Amendments to Chapter 111 (Special Regulations Counties) ................................................ 20 VIII. Other Business IX. Discussion Items A. Water Ski Flag Requirements ....................................................................................... 37 B. “Wear It Hunters!” PFD Video ..................................................................................... 37 Volume 53 Page 2 C. Operation Dry Water Update ........................................................................................ 37 D. Announcement of NASBLA’S 2014 Boating Officer of the Year Award – . WCO Darrin Kephart ............................................................................................... 37 E. “Catch the Value!” Speaking Points, FAQ and Ice Fishing Video ............................... 37 X. Adjournment ................................................................................................................................... 37 Volume 53 Page 3 I. Roll Call The meeting was called to order at 9:00 a.m. All members of the board were in attendance. A quorum was present. In addition to the members of the board, the following Commission staff were present: Andrew Shiels, Deputy Director for Field Operations; Colonel Corey Britcher, Director of Law Enforcement; Wayne Melnick, Assistant Counsel; Laurie Shepler, Chief Counsel; Brian Barner, Deputy Director for Administration; Bernie Matscavage, Director of Administration; Eric Levis, Press Secretary; John Shero, Director of Information Technology; Carl Richardson, Education Section Manager. II. Introduction of Guests Richard Raudabaugh, USCG Auxiliary District 5NR; Gene Schenk, Chesapeake Bay Yacht Clubs Association; Anne Marie Grilk, guest; and via telephone, Bob Brandenstein, United States Power Squadrons. III. Election Mary Gibson opened the floor for nominations for Chair. A nomination was made by Mary Gibson and seconded by Loren Lustig to elect Henry Grilk for Chair. Hearing no other nominations, Mary Gibson called for a motion to close nominations. A motion was made by Loren Lustig and seconded by Andrew Talento to close nominations for Chair. The motion carried. Mary Gibson called for a vote to elect Henry Grilk as Chair. All members of the board voted in favor and Henry Grilk was elected as Chair. Mary Gibson opened the floor for nominations for Vice Chair. A nomination was made by Henry Grilk and seconded by Loren Lustig to elect Mary Gibson for Vice Chair. Hearing no other nominations, Mary Gibson called for a motion to close nominations. A motion was made by Loren Lustig and seconded by Andrew Talento to close nominations for Vice Chair. The motion carried. Mary Gibson called for a vote to elect Mary Gibson as Vice Chair. All members of the board voted in favor and Mary Gibson was elected as Vice Chair. IV. Approval of the March 6, 2014 Meeting Minutes A motion was made by Mary Gibson and seconded by Loren Lustig to approve the March 6, 2014 minutes as written. The motion carried. V. Public Comment Richard Raudabaugh presented a summary of USCG Auxiliary efforts in boating safety for the previous year in Pennsylvania. Mr. Arway thanked Mr. Raudabaugh for services provided to Pennsylvania boaters by the USCG Auxiliary. VI. Old Business A. Review of Final Rulemaking from 2014. Laurel Anders provided a summary of final rulemaking that was enacted as a result of the Board’s recommendations in 2014. Amendment to §95.3. Adopted the U.S. Coast Guard’s language to clarify the requirements for lights for boats. Volume 53 Page 4 Amendment to 109.2. Added definition of Paddleboard and clarified the requirement of personal floatation devices for paddleboards. Amendment to §111.49. Reduced the length of the slow, no wake zone on the west branch of the Susquehanna River at Shikellamy State Park in the vicinity of Packer’s Island. Ms. Anders also explained the current status of proposed rulemaking for an amendment to Section 109.4 which would have prohibited hydro flying devices on Commonwealth waters. The proposed amendment was tabled by the Board of Commissioners after receiving public comment and the Board requested more research regarding the subject. B. Summary of 2014 USCG Performance Report Laurel Anders provided an overview of the Commission’s performance report to the U. S. Coast Guard for October 1, 2013, though September 30, 2014 (the federal fiscal year). During this period, Pennsylvania reported 21 recreational boating fatalities. This equates to an average of approximately 14.1 fatalities per year over a ten-year period which is a slight increase. There is no apparent trend year to year. The number of boat registrations continues to decrease slightly, most significantly in the small boat category (under 16 feet in length). The USCG currently calculates the average number of fatalities per 100,000 registered boats as the standard unit of measure. The current fatalities per 100,000 registered boats in Pennsylvania is slightly above 4 which is an increase from the previous reports of 3.5 fatalities per 100,000 registered boats. The Commission issued about 14,000 Boating Safety Education Certificates in 2014 via two on-line course providers (BOAT-Ed and BoaterExam), the home-study course and classroom courses taught primarily by the USCG Auxiliary, the U.S. Power Squadrons, and the Fish & Boat Commission. Mr. Grilk asks that the Commission provide the Board with statistical data in the future that will assist with the creation or modifications of regulations in order to reduce fatalities. The Board also requested the commission to gather statistics about unpowered boats in Pennsylvania. C. Boating Accident Analysis & Fatality Summary From January 1 to December 31, 2014, there were 70 reportable boating accidents resulting in 45 injuries requiring medical treatment. The most common type of accident was capsizing. Property damage amounted to $171, 950, with the largest accident comprising 29% of that amount. There were 17 fatal accidents with 17 fatalities in calendar year 2014. Three of the victims were wearing life jackets at the time of the incidents. Life jackets were carried onboard but not worn by eight victims. The remaining victims had none or insufficient life jackets onboard. D. Water Rescue Update Laurel Anders provided an update on the Commission’s Water Rescue Program. The water rescue program has seen significant growth in the past three years. Over 38,000 students have completed training in the Commission’s water rescue program since its inception in 1983. Since 2000, volunteers have provided over 83,000 hours of training. The Water Rescue Program now provides an Ice Awareness course
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